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Mariga v. Musila

(1984) JELR 105023 (CA)

Court of Appeal  •  Civil Appeal 66 of 1982 & 88 of 1983  •  18 May 1984  •  Kenya

Coram
Zakayo Richard Chesoni, James Onyiego Nyarangi, Alan Robin Winston Hancox

Judgement

IN THE COURT OF APPEAL

AT NAKURU

( Coram:Hancox JA, Chesoni and Nyarangi Ag JJA )

CIVIL APPEAL NO. 66 OF1982 and 88 OF1983

BETWEEN

MARIGA...........................................................................APPELLANT

AND

MUSILA.......................................................................RESPONDENT

(Appeals from the High Court at Nakuru, Mead J)

JUDGMENT

The respondent in the main appeal in this case received serious injuries as a result of a collision between a Toyota Saloon car, KNM 843, in which he was travelling as a passenger in the rear seat, and a Datsun Pick-Up, KLW 165, on the road from Ol Joro Orok to Ol Kalou at about 7.30 pm on November 20, 1976. The driver of the Toyota Saloon was held by the trial judge to be wholly to blame for the accident and he appeals against the total award of general damages of Kshs 1,959,036 for his negligence. There is no appeal on liability or against the award of Kshs 6,719 as special damages. The driver of the Datsun, who put in a defenceā€¦

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